Cane Corso Hierarchy Kennel Dionne & Marcus Johnson SALES CONTRACT

Transcription

1 Cane Corso Hierarchy Kennel Dionne & Marcus Johnson SALES CONTRACT This Sales Contract is made for puppy Hierarchy, between Dionne & Marcus Johnson (Breeder) and Puppy buyer. The BREEDER AGREES to sell, for the purchase price of $ 1800_ USD, $ USD for shipping and crate. Breeder certifies that said puppy is sound body and good health, free from communicable diseases to the best of the BREEDER knowledge, and is current in worming s and vaccinations. $ deposit was received to reserve puppy. Be advised that this deposit is Nonrefundable and represents a serious commitment on the part of the BUYER in purchasing the puppy, as this puppy will no longer be available for other prospective buyers. The balance of $ and an additional money, if being shipped (in cash, certified check, or money order) to be paid in FULL by 6 weeks of age. Total cost of puppy always includes a $500 Non-Refundable deposit. Breed: Cane Corso Buyer Name Litter: Address: Whelped date: Puppy AKC Registration# WS City, State, Zip code: ICCF Registration# Microchip# Phone number: Microchip company: Color: Sex: address: Co-Owned (Show/Breed) X Family Companion / Limited Registration Note that Limited Registration means that the dog is neither eligible to compete in AKC conformation shows nor to have any litters produced by the dog eligible for registration? The BUYER understands that only Dionne P. Johnson may "lift" the Limited Registration status and will only do so if agreed upon in writing (i.e. Addendum to this Contract). A copy of the limited registration will be provided to the buyer. This puppy is NEVER to produce a litter without written permission of the BREEDER. In the event that the buyer breeds, attempts to breed or accidentally breeds, the dog/bitch, the seller has the right of immediate repossession of the dog/bitch, including all papers, without any reimbursement and the buyer would owe the seller liquidated damages of $2,500 per puppy born for breach of this contract, without reduction or setoff in any amount whatsoever. Every puppy that resulted from such a breeding would then become the sole property of the seller 1

2 and must be delivered immediately to the seller at the buyer s expense with the dog/bitch. Breeder s Responsibilities 1. BREEDER with a Veterinary certificate indicating that the puppy is unsound or terminally ill and returns the puppy to the BREEDER within 7 days of delivery. No Veterinary or shipping costs will be reimbursed by the BREEDER. 2. Breeder will register puppy under the American Kennel Club. 3. BREEDER agrees to provide advice and information on raising the puppy/dog, and his/her showing and grooming to the best of their ability, to help the BUYER of a potential puppy/dog to present the puppy/dog to its best potential. 4. It is the BREEDER s responsibility to mentor the BUYER. The BREEDER discusses and consults when possible and compares health issues with other breeders and bloodlines, studies pedigrees and bloodlines extensively and tries to learn from any know health issues that occur. 5. The kennel prefix Hierarchy must be used as the first word of the registered name. BREEDER must approve all registered names. Registered name must follow the litter. 6. BREEDER in no way guarantees that this puppy/dog will win in conformation and/or performance events. 7. BREEDER has raised this puppy/dog on a species appropriate diet (raw dog food) and highly recommends the BUYER continue feeding a species appropriate diet. BREEDER will offer assistance into starting a raw diet, if the BUYER is interested. Health Guarantee The BUYER has to agree to perform health testing as noted above in HEALTH section to qualify for this guarantee. 1. Puppy is guaranteed to be free of any communicable disease at the time of sale. Buyer must have puppy examined by a licensed Veterinarian within 72 hours from the date of delivery. Failure of Buyer to notify Breeder all health concerns within two business days of receiving the Veterinarian s certification of illness will result in forfeiture of rights. Breeder accepts no responsibility for any communicable diseases after 72 hours. a. If a serious health problem is noted during the above examination the puppy is to be returned to Seller at the Buyer s expense. When available the Breeder will provide the Buyer with another puppy of the same sex and quality/value. b. We do not guarantee fertility, nor dropped testicle 2. All our pups are guaranteed against CRIPPLING genetic diseases detected prior to Twenty-Eight Months. The BREEDER must be notified immediately and provided with a licensed veterinarian s report. Any claims must be made within this time period. Puppies are only replaced if the condition is deemed to be life threatening or severely lowers the quality of life, in the BREEDER s opinion and the opinion of the BREEDER s veterinarian, and the condition is reported by 29 months of age. Upon knowledge of such a birth defect, genetic defect or crippling hip dysplasia, the buyer agrees to have his/her veterinarian provide proof to the BREEDER. Heritable Defects are stated as: Hip/Elbow Dysplasia (any OFA or Penn HIP rating without DJD for hips, any OFA rating below NORMAL for elbows). Up to 28 (twenty-eight) months. Not valid unless above described dog is OFA rated between 26 (twenty-six) and 28 (twenty-eight) months of age or PennHIP d between 12 (twelve) and 28 (twenty-eight) months of age. These guarantees not applicable if problems occur(ed) from the below conditions: Diet, Hormonal additives, Drug treatments, Environment, Accident, or BUYER(s) inexperience or mistreatment. 3. The BREEDER reserves the right to a second veterinarian s opinion. All relevant veterinary records must be supplied to the BREEDER upon request. THE BUYER MUST REQUEST THE XRAYS BACK FROM OFA, or his/her veterinarian - the BREEDER may require a copy of the x-rays. If the puppy s OFA report comes back with the result of subluxation, the BUYER must repeat the x-rays at a later time at his/her own expense (at least 6 months after date of original x-ray) before determining that the puppy will not pass OFA/Penn HIP. No refunds will be given for a report of Panosteoitis (growing pains), as proper feeding can control this and the puppy should outgrow it. 2

3 4. If the puppy dies and a cause of death is unknown, a necropsy should be performed. The BUYER assumes responsibility for all costs, but the BREEDER will offer assistance and help. If a necropsy result reveals that the pup died from any genetic health condition, the BREEDER will provide a replacement puppy free of charge when one becomes available. 5. Cherry Eye, Eye Ectropion and Eye Entropion are considered cosmetic problems are not covered by the health guarantee. 6. The puppy with the alleged condition may be returned to the seller, at an agreeable convenient time within 30 days from the time when proof is received by the BREEDER, along with registration papers, at the BUYER s expense. BUYER may keep the original puppy and MUST have it spayed/neutered. 7. After providing veterinarian proof to the BREEDER of spay/neuter and if all of the conditions above are met, the BUYER may receive a refund of the purchase price less nonrefundable deposit OR chose to accept a replacement puppy of the same quality from the BREEDER s next suitable litter. 8. No guarantee is made as to time frame for replacement. Buyer is responsible for all transportation charges. BUYER S RIGHTS AND RESPONSIBILITIES BASICS 1. The BUYER has THREE business days to have dog examined by his/ her Licensed Veterinarian to personally inspect the dog. Any claims must be made within this time period (Not applicable if illness or injury is BUYER s fault.) If any health problems are discovered within this time period, the BREEDER will consult with BUYER S Licensed Veterinarian and offer the BUYER two choices: 2. BREEDER will refund BUYER full purchase price, BUYER will pay all return a. expenses for said dog and it must be accompanied by BUYER S veterinary report. b. Guarantee is subject to consensus examination by BREEDER S veterinarian 3. BUYER keeps the puppy and treats it by the BUYER S Veterinarian. In this case the BREEDER will offer a one-time payment to cover an appropriate treatment to restore the puppy s health not to exceed the purchase price of the puppy. 4. Buyer agrees to comply with all local ordinances regarding the keeping of dogs, in addition to providing adequate food, water, housing, immunizations, healthcare and humane treatment for the puppy. The puppy/dog is sold with the understanding that he/she will become a member of the family. Initials / (Buyer is liable for any problems with landlords, family members or neighbors. Any and all legal matters involving this Dog/Bitch is the responsibility of the BUYER. Again, Breeder we assume no legal liability.) 5. The BUYER agrees to inform BREEDER, within 60 days of moving/change, any time they move or change phone numbers during ownership of the dog. 6. Buyer understands that extensive exercise before the dog is 18 months and mature is strictly prohibited. This includes but not limited to: competition jumps; jumping in and out of vehicles; prolonged jogging and any other activities that may cause undo stress to undeveloped joints. 7. The BUYER agrees to properly care for and tape puppy/dog s ears until they are standing, if cropped. If ears are not standing one-month post-surgery, contact the Breeder for suggestions to assist ears in standing at the BUYER s expense. In the event BUYER does not contact the BREEDER in the time period stated, the BREEDER has the right to immediate possession of the puppy/dog to obtain proper care at the BUYER s expense, including time and travel, until the ears are properly standing. 8. The Buyer agrees to take full responsibility for Puppy s heartworm checks and he/she must be kept on Heartworm preventative. 9. Buyer agrees to make arrangement for delivery of puppy by 6 weeks old, if possession of puppy has not taken place by 9 weeks boarding fees will apply at a rate of $10.00 a day. Boarding room is limited, there is not guarantee on availability, boarding has to be agreed upon by both Seller and Owner. All fees have to be paid before delivery of said puppy. All any puppies that are left past the boarding time frame unless extended by Seller will be considered abandoned and contract will be voided, puppy will be resold. All medical, vaccines, monthly heartworm, flea & Tick meds are at the owner expense. 3

4 10. If the Buyer should decide at any time during the life of the puppy, that they no longer want nor care for the said Dog/Bitch for whatever reason, it shall be transferred to the BREEDER without compensation at the Buyers expense. UNDER NO CIRCUMSTANCES SHALL THIS DOG/BITCH BE PLACED IN A DOG SHELTER, HUMANE SOCIETY, OR OTHER SUCH FACILITY OR ORGANIZATION. THE SELLER RETAINS THE FIRST RIGHT OF REFUSAL! 11. The Dog/Bitch cannot be sold or placed without the expressed written consent and approval of the BREEDER. 12. The Buyer agrees that if said Dog/Bitch is Not properly cared for, the Breeder has the right to demand that said Dog/Bitch be returned, along with all paperwork, immediately and without compensation to the Buyer. Any resulting medical care and/or behavior correction training will be at the expense of the Buyer. 13. It is agreed upon the death of the said Dog/Bitch, at any age, that prompt notification will be given to the Breeder to that affect. If said dog is euthanized while in the Buyer s care, the Buyer agrees to have a necropsy performed, at the Buyer s expense to determine cause of injury, disease etc.; leading to death. If it is determined that neglect or ill care by/from the Buyer is the cause of death than no replacement of the said Dog/Bitch will be made. 14. The buyers agree to have the said puppy implanted with a microchip and registered in the name of the BUYER and the BREEDER. This is for your Dog/Bitches safety and the Buyer agrees not to remove, or attempt to have said microchip removed by any person, professional or agency. 15. It is stipulated by and between the undersigned that failure of the Buyer to comply with the conditions and responsibilities as set forth in this contract and that Cane Corso Hierarchy policies, may subject the Buyer to forfeit the aforementioned Dog/Bitch to the Breeder without compensation and shall sign over all registry and medical paperwork pertaining to the said Dog/Bitch to the Breeder immediately. 16. The Breeder requires the Buyer feed the said Puppy a high quality food and properly cares for. You can supplement your puppy s diet with fresh fruit, vegetables, and yogurt. The term "properly care for" shall mean a premium quality dog food (certified by AFCO or CVA) in adequate amounts, fresh water, provision for shelter, a dog run or a fenced yard and maintenance of annual vaccines, fecal checks and any required routine or emergency veterinarian care. Dog food that is considered premium large breed formula: Natural Balance, Orijen, Innova, California Natural, Eagles Nest and Green Tripe wet food. 17. It is understood that the dog will not be allowed to roam free; and will either be confined to its fenced yard, be on a leash or under total voice control and direct supervision of the owner at all times. Underground fencing is not considered a reliable means of confinement and therefore not considered a fenced yard. TRAINING AND EXERCISE 1. The BUYER understands and agrees that the Cane Corso is a dominant, guardian breed and that it must be extensively socialized with other people, animals and different situations to be a trustworthy member of their families and community. It is the Buyers responsibility to properly socialize and train this dog. 2. BUYER is responsible to continue socializing and training the puppy/dog. It is required that this includes training or obedience classes and that the training methods be modeled after the AKC Good Citizen standards. PetSmart and Petco are acceptable for Puppy Kindergarten only. Basic Obedience classes must be from accredited training facilities/trainers, unless otherwise agreed to in writing. 3. BUYER agrees to enroll the puppy in a puppy kindergarten class by the age of 4 months in a class setting. BUYER also agrees to supply proof of completion, a letter from the trainer or copy of the certificate, to the BREEEDER. 4. BUYER agrees to enroll the puppy /dog in a basic obedience class by the age of 10 months and a second basic obedience class by the age of 14 months. 5. In the event the puppy/dog requires rehabilitation or training due to neglect by the BUYER, BUYER agrees to reimburse the BREEDER for all related rehabilitation/training expenses necessary for the puppy/dog to be rehomed. 4

5 6. The BUYER agrees puppy will receive no forced exercise; no jumping in and out of vehicles, excessive stair use, no jumping over or onto anything taller than the elbow, no excessive running or extended walks until the puppy is at least 15 months old. 7. The BUYER agrees to continue with nail trimming every two weeks, if necessary. It is important to keep the puppy/dog s nails at the correct length to prevent pain and pressure. The correct length is when the claws do not protrude over the pad and should not touch the ground when standing. (You do not want to hear them clack when walking on hard surfaces). 8. The BUYER agrees to obtain Canine Good Citizenship Advanced certificate or similar title (approved by the breeder in writing) on the puppy/dog at the BUYER s expense no sooner than 12 months of age and no later than 2 years. SURRENDER, RETURNING AND FIRST RIGHT OF REFUSAL 1. The BUYER will notify the BREEDER immediately if BUYER cannot keep the above described dog with them for any reason. The BREEDER will have right of first refusal before the dog is to be sold, or given away (including to family and friends). The BREEDER will have right of immediate repossession and full legal ownership reverts back to the BREEDER of said dog if BUYER attempts (intentionally or unintentionally) to sell or give away said dog without the BREEDER s written consent. The BREEDER shall not compensate BUYER in any monetary way. If dog is sold, BREEDER will retain co-ownership unless prior agreements are made in writing. The BREEDER shall approve all potential homes and sale agreements. In all situations where dog is returned to BREEDER, BUYER shall sign said dog over to BREEDER in any and all registries dog is eligible for. If there should be a tragedy of the BUYER such as death or physical inability to care for this puppy/dog, then this puppy/dog is to be immediately surrendered to the BREEDER (unless other suitable arrangements are made in writing with the Breeder). Under no circumstances may this dog be disposed of or surrendered to a Dog Pound, Humane Society, Animal Shelter, any Rescue Organizations, Pet Store, other BREEDERs, or to individuals associated with a suspected or proven puppy mill. The BUYER agrees to pay an additional $2,000 of penalty for abandoning the puppy, surrendering it to the Humane Society, Animal Shelter, any Rescue Organizations, or Pet Stores. 2. BUYER agrees that should the BUYER(s) of this dog separate or divorce and an amicable solution for the dog cannot be reached and agreed to by both parties, ownership of the dog will revert back to the BREEDER and the dog and registration papers shall be returned to the BREEDER within 14 days of the BREEDER s request for the dog to be returned. 3. BUYER agrees that should the BUYER become incarcerated, non-ambulatory for extended period of time or die, ownership of the dog will revert back to the BREEDER and the dog and registration papers shall be returned to the BREEDER within 14 days of the BREEDER s request for the dog to be returned. 4. BUYER agrees that in areas where Breed Specific Legislation is effective or becomes effective where the dog resides, the breeder has the right of immediate repossession at the owner s expense, if the legislation would endanger the life of the dog or diminish the dog s quality of life. HOLD HARMLESS AGREEMENT BUYER agrees to release and hold harmless BREEDER for any and all liability, damages, or injuries, caused either directly or indirectly by the dog to any person, whether actual or legal, or to any property, whether real or personal. Furthermore, BUYER assumes full liability for any damages or injuries, whether physical, mental, emotional or economic, caused by the dog, to any person, whether actual or legal, or to any property, whether real or personal, after receiving and acknowledging delivery and repossession of the dog. Buyer(s) further agrees to indemnify or reimburse BREEDER as a result of any costs or expenses incurred by BREEDER as a result of any act of BUYER causing liability, damages, or injuries as set forth herein No other claims other than the provisions mentioned above shall be made. ARBITRATION All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the Douglas County, Georgia. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by an arbitrator experienced in the animal breeding / 5

6 conformation industry or legal experience required for arbitrator and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction. VENUE, LAW AND ATTORNEY FEES Violation of this contract damages the goodwill and reputation of Seller and the Cane Corso breed in general. Breach of any portion of this contract, in the opinion, of the breeder/seller will result in repossession of this Cane Corso without reimbursement. Such repossession may be made by the Seller or his agent, at the cost of the Buyer and is done with the full permission of the Buyer regardless of the Cane Corso s location at the time of repossession. Buyer agrees to be responsible for and compensate Seller for any damages or liabilities incurred while repossessing this Cane Corso. Further any damages to Seller or to the Cane Corso protected under this contract could result in both civil damages and criminal liability for the Buyer. The guarantees are null and void if the puppy/dog has been given calcium or other vitamin supplements (excluding Ester-C) without first being agreed upon in writing and signed by both parties, even if recommended by a veterinarian. Seller and Buyer hereby agree that any disputes that may arise as a result of this agreement/sale/purchase shall be resolved by mandatory binding arbitration. Buyer and Seller may mutually agree upon the selection of an arbitrator. If such an agreement is not possible, the dispute shall be resolved pursuant to the rules and procedures of the American Arbitration Association. The location of any such arbitration or legal proceedings shall be Douglas County, Georgia. If any term or provision of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining terms and provisions shall continue in full force and effect and shall in no way be effected, impaired or invalidated. It is agreed that should any legal action result from breech of this contract, the party so breaking the agreement shall bear all legal costs, attorney's fees and expert s fees incurred by the prevailing party. Further, regarding any breech or anticipated breach of this Sales Contract, Seller/Breeder shall, in addition to any other rights granted hereunder, have the right to seek an injunction from the court of competent jurisdiction to enforce the provisions of any paragraph herein. It is further agreed that any puppies produced as a result of any breeding conducted in violation of this sales contract, whether such breeding is described as planned, intentional, or accidental, conducted by natural or artificial means, shall NOT be registered by AKC or any other dog or animal registry. If the legal residence of the Buyer is not the State of Georgia, this contract must be signed and notarized by the Buyer in the state of the Buyer s legal residence unless the Buyer take delivery of the dog in Georgia and signs this contract in front of Seller/Breeder or a designee. The laws of the State of Georgia venue in Douglas County will govern all legal questions or disputes regarding this contract. Buyer(s) expressly waive any and all objections to jurisdiction and venue. In case of breach of contract, the buyer is to compensate the seller for liquidated damages, expenses, legal fees, a $2,500 (two thousand five hundred dollars) per section breached. Seller s maximum responsibility is limited to the purchase price of the dog. Any subsequent expenditure is the sole responsibility of the Buyer. The BREEDER neither makes nor implies any warranties or guarantees, express or implied, other than those written in the agreement including, without limitation, the warranties of merchantability and fitness. This document constitutes the entire agreement between the Breeder and Buyer with respect to this sale. MISCELLANEOUS TERMS AND AGREEMENTS 1. The BUYER agrees to keep BREEDER listed as the 2nd contact on the microchip. 2. The BUYER agrees to supply the BREEDER with photos and updates of above described dog once every 6 (six) months until dog is 2 (two) years of age and every year after that unless otherwise requested by BREEDER. 3. BUYER understands and agrees that the BREEDER has the right to use any pictures or accomplishments of the puppy/dog for advertisement, etc. 4. The BUYER understands and agrees that the dog must have companionship on a daily basis. Initials / 6

7 5. The BUYER agrees that he/she is not acting as, or in part of, an agent in the purchase of the puppy and will not sell this puppy to any agent, pet store, or business. 6. The BUYER agrees not to sell, trade, lease out, euthanize (except under emergency conditions to end suffering), or give away the dog without written permission from the BREEDER. 7. The BREEDER retains the right to seize above described dog at any time in dog's life if BUYER is found to be intentionally or unintentionally mistreating, neglecting or abusing either physically, emotionally, medically or nutritionally said dog in any way, shape or form. BREEDER shall not compensate BUYER in any way shape or form. In all seizure situations BUYER shall sign said dog over to BREEDER in any and all registries dog is eligible for. BUYER will pay ALL shipping, transportation, legal and veterinary costs incurred from investigating and seizing said dog if BUYER is found negligent in BREEDER S opinion. 8. BUYER agrees that this Cane Corso will not be involved in dog fighting, hog catching or any animal baiting sports. BUYER also agrees to pay and understands that a ten-thousand dollars ($10,000.00) fee or the maximum damages the state will allow will be due and payable immediately to BREEDER if this Cane Corso is identified as participating in dog fighting, any animal baiting sports or hog catching. In addition, Buyer agrees to immediately surrender this Cane Corso to Seller upon demand and at the sole cost of the BUYER. Transferability 1. This contract is limited between Breeder and the 1 st Buyer. It is not held transferable to a third party. 2. Upon signing below, both Buyer and Breeder agree to all terms stated within this Contract. By signing this contract both parties are acknowledging they have read, fully understand and agree to ALL terms of this contract. They also agree that all terms will be carried out as stated. Any other agreements are invalid unless stated in writing at the time of the signing of this agreement. Breeder: Dionne Perry-Johnson Date: Buyer: Date: 7